MEMBERSHIP TERMS AND CONDITIONS

 These terms and conditions (“Terms”) set out the terms governing the agreement between YMCA (“Us”, “We”, “Our”) and You (“Yourself” or “Your”) when You purchase a Membership with Us and/or  You use Our Facility, You confirm that:

You understand and accept all of the Terms and You will adhere to all of Our local Facility Rules and Activity Rules. Acceptance of Your application and any subsequent withdrawal of Membership are at Our absolute discretion.

By agreeing to these Terms, You acknowledge and agree that in entering into this agreement You are not relying on any promise, assurance, statement, representation, warranty or understanding except as expressly provided in these Terms.

Where a Term is generic this applies to all customers, however some of the Terms will only apply to specific Members, Memberships or Activities and may not be relevant to all customers.

DEFINITIONS AND INTERPRETATION

Activity

Means an activity which is available and provided for at the Facility

Activity Booking

A reservation made by You to access an Activity or the Facility made either online via Your YMCA account, the App or at the Facility.

Activity Fee

A fee charged when booking or accessing an Activity or Facility as published by Us from time to time and exhibited at the Facility, as placed on the Membership Customer Portal or as notified to You. In the event You cancel Your booking, or You fail to show up for Your Activity the Activity Fee is non-refundable.

Activity Rules

The rules for an Activity which are on display at the Facility or online at Our website.

App

The YMCA Newark And Sherwood mobile application which can be used to book or cancel an Activity.

Block Booking

A series of activities reserved for a set period of time, paid for in advance (usually) in one lump sum.

Booking Member

A Member who pays full price for activities on an “as and when” used basis.

Commencement Date 

The date on which Your application for Membership is accepted by Us.

Cooling Off Period

Means 14 calendar days from the date and time You purchase any Membership from Us.

Cut Off Date

The last date that changes can be made to your next DD payment.

Data Protection Legislation

The UK General Data Protection Regulation, the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations 2003, as amended, replaced or superseded, and all other applicable laws and regulations relating to the processing of personal data and privacy together with any applicable guidance and/or codes of practice issued or endorsed by the Information Commissioner or relevant government department in relation to such legislation. The terms Data Controller and Personal Data have the meanings given to them in this legislation.

Direct Debit (“DD”)

Contractual arrangement made with Your bank that allows Us to collect on agreed dates Fees or other monies You owe to Us via direct debit transaction.

Exceptional Circumstances

Means significant illness (which precludes You from the use of the Facility), significant injury (which precludes You from the use of the Facility), loss of livelihood, change of principal place of work or home (where You could not reasonably be expected to use the Facility) or any other circumstance You can evidence to Our reasonable satisfaction to be exceptional and require early termination of Your Membership.

Facility

An assigned single location or centre of Ours where You have booked an Activity, or Your Membership will apply.

Family Group

Households who have accessed reduced rates on Monthly and Supporter Memberships through Family Packages and bundles.

Fees

On-going or upfront amounts payable for any Membership including Activity Fee, Admission Fee and Monthly Payment Fee as published by Us from time to time and exhibited at the Facility, as placed on the Membership Customer Portal or as notified to You.

Initial Warning

A warning issued to You by an authorised staff member of YMCA if it is the first occurrence of either the Late Cancellation Charge or the No Show Charge (as further described in clauses 4.13 and 4.14).

Late Cancellation Charge

A charge for Your cancellation made within the late cancellation window applicable for that particular Activity as per clause 4.13 and 4.14.

Lesson or Courses

A supervised Activity session booked at the relevant Facility.

Member

“You” – whichever Membership that You have selected, You are a valid Member so long as You pay the Fees that are due on time. ‘You’ also applies to any individual aged less than 18 years on whose behalf you are signing up to a Membership.

Membership

Membership is for a single Facility and covers Booking Member/Membership, Monthly Member/Membership, Supporter Member/Membership and Single Payment Member/Membership.

Membership Freeze

A change in Your Membership status that will temporarily stop your Monthly Payment Fee from being taken for a specific length of time and as further described in clauses 5.17 to 5.25. During this period Your Membership access will also be stopped. After the Freeze period expires Your Monthly Payments and access will automatically be reinstated.

Membership Customer Portal

Where You can access and manage details of Your Membership and Activity Bookings https://ymcans.bookings.flow.onl/

Monthly Member/Monthly Membership

A Member/Membership who pays monthly in advance by DD.

Monthly Payment Fee

A monthly fee paid in advance for a set of included activities that are a benefit of the Monthly Member/Membership.

No Show Charge

A charge made for failing to cancel an Activity before the start time and not attending the Activity as set out in clause 4.13.

Pay As You Go Customer

An individual who pays for an Activity on an “as and when” used basis.

Pro Rata Fee

A proportion of the Monthly Payment Fee paid in advance before your first DD for some memberships.

Rules

The Centre/Facility rules, and any other Activity Rules (as applicable) are those that are on display at each Facility or online.

Set Up Fee

A charge made for registering Your Membership as notified to You at the time of registration, or that is on display at each Facility or online.

Single Payment Member/Single Payment Membership

A Member/Membership which lasts a fixed amount of time paid in one lump sum.

Supporter Member/Membership

An annual Membership to become part of the YMCA Movement.

Village

YMCA Newark & Sherwood Community & Activity Village.

YMCA

Referred to as Us, We or Our within this document. YMCA Newark and Sherwood is a charitable non-profit organisation charity No. 1177774, registered in England & Wales, whose registered office is YMCA Newark & Sherwood Community & Activity Village, Lord Hawke Way, Newark-on-Tent, Nottinghamshire, NG24 4FH.­­­­

Youth Member/Membership

A monthly membership for 11-17-year-olds entitling Youth Members to take part in a term time activity programme as further described in clause 9.

1. MEMBERSHIP

1.1 If Your application for Membership is accepted, the Facility will automatically be assigned as appropriate. You will be required to agree to these Terms when you sign up to a Membership which can be done either online or at the Facility. If You are signing up online, these Terms will be available to You to view and read via a link.  If You are signing up at the Facility, You will be provided with a copy of these Terms for You to view and read.  You must confirm that you have read and understood these Terms.  Your contract with Us for Your Membership begins on the Commencement Date which will be confirmed to You. Our contract with You ends at the expiry or early termination of Your Membership unless there is a renewal of Your Membership or You purchase a new Membership.

1.2 You must have valid proof of Membership on each occasion that You access Our Facility. If you cannot provide relevant proof, You will be refused the benefits of Your Membership on that occasion. Where available You will be able to purchase instead an Activity Booking at the standard price, or a Day Pass in order to gain entry or access. If you continue to use a physical membership card and a replacement is required this can be requested and will be provided upon payment of the prevailing charge.

1.3 Where a discounted Membership is purchased such as concessionary, corporate, disability, or age related, proof of eligibility will be required; this can be uploaded online via the Membership Customer Portal or provided in person at the Facility. You will be required at regular intervals to provide new proof as required by Us. If your entitlement changes, You must notify Us.

1.4 If You fail to provide proof of eligibility for a discounted Membership within 20 days of Your Commencement Date, then the relevant discount will be removed and Your Membership will be cancelled without refund of any Fees.

1.5 Not all memberships offer the same level of benefits. It is important you check the included and excluded benefits, Facility and activities before submitting your membership application.

1.6 Use of the Facility must always be in accordance with Your Membership. You are required to pay for and have a valid booking for all activities in which You participate that are not included in the benefits of Your particular Membership.

1.7 Your Membership is non-transferable. You must not allow anyone else to use Your Membership. If You allow Your Membership to be used by any other person, Your Membership will be cancelled without refund of any Fees; no further or future applications for Membership will be accepted for a minimum of 12 months. Future eligibility for Membership will be reviewed at least annually upon request. Your Membership is personal to You.

2. FEES AND PAYMENT

2.1 All Fees paid in advance are non-refundable, unless one of the circumstances set out in clause 5 apply.

2.2 Unless in accordance with a Membership Freeze or where a Membership has been cancelled in accordance with clause 5 below or the general cancellation provisions set out clause 5, Your Monthly Payment Fees shall remain payable throughout the Membership period irrespective of Your use of the Facility.

2.3 We operate a Cooling Off Period for online purchases. This means that if you change your mind and for any reason decide that You do not want to continue with your Membership, You can notify Us of your decision to cancel within 14 days of Your Commencement Date. All Fees paid in advance will be refunded, providing that you have not waived your right to cancellation by making use of the Membership (by using the Facility and engaging in Activities) during this period.

2.4 You will need to purchase a new Membership in order to continue using the Facility if Your existing Single Payment Membership expires without a renewal being put in place, or if any Monthly Membership Payment is missed for any Monthly Membership. Such new Memberships will attract the usual Set Up Fee and Pro Rata Fee where applicable.

Monthly Memberships 

2.5 Where You join as a Monthly Member You must pay by DD. You can select the DD collection date at the time of joining.

2.6 If You are a Monthly Member, You must pay by Direct Debit and agree to the DD terms and conditions. The DD terms and conditions for Monthly Membership is a separate binding contract between Us and You. You can provide Us with the DD date on which We will take the Monthly Payment Fee from Your bank account. We will automatically continue with this contract until You notify Us otherwise in accordance with these Terms.

2.7 Failure to make any due payment will initially result in Us removing Your access to Monthly Membership benefits until all outstanding payments owed to Us have been made. We retain the right to formally recover all outstanding balances.

2.8 All Membership Fees are reviewed from time to time and at least once per calendar year. If Your Fees are paid by DD and are due to be changed, We will notify You at least 10 working days in advance by email and/or by letter. All Membership Fees paid by direct debit are non-refundable.

Youth Membership

2.9 Youth Membership activities are scheduled during term time only.

2.10 Parental or guardian permission must be given before an individual Youth Membership application can be considered for acceptance, as further detailed in clause 9 below.

3. GENERAL CONDITIONS OF USE

3.1 Use of any part of Our Facility and activities are subject to:

3.1.1 Your agreement to and You complying with the Facility Rules and all other rules pertaining to that Activity or Facility.

3.1.2 Availability of the Activity programme. This will vary from day to day and at various times. Our programmes often include exclusive sessions for beginners only, for experienced users only, for women only, for children only, for people with disabilities only and for older people only as well as closure for special events and activities. You are deemed to understand that this may restrict Your use from time to time and that no financial adjustment will be made to Your Fees.

3.1.3 The safe capacity of the Facility.

3.1.4 You are wearing attire appropriate to the Activity.

3.2 In all cases, Our interpretation of the Rules and these terms will take precedence and the decision of Our Manager or his/her nominee is final and must be respected.

3.3 Our managers have the right to:

3.3.1 Refuse admission.

3.3.2 Ask You or a member of Your party to leave the Facility.

3.3.3 Exclude You or a member of Your party in the future from the Facility or any other Facility at their and Ourabsolute discretion.

3.4 Such action may be taken where You or a member of Your party fails to observe any of the Rules and these Terms in the reasonable opinion of the Manager of the Facility.

3.5 If You are excluded from future use of Our Facility or Facility Your Membership will be immediately terminated. You will not receive a refund of any Fees paid for or in connection with Your Membership or Activity Booking.

3.6 We may need to postpone, alter, cancel or introduce new activities temporarily or permanently at any time for any reason, including in response to customer/Member feedback and/or to withdraw equipment and/or Facility for any reason including but not limited to maintenance, repair and alteration. We will, where reasonably possible, display notices in the Facility or contact You by email or any other reasonable way as far in advance as possible to inform You of such a change.

3.7 We will not reduce or refund any Fees because of or in response to such unavailability of Facility, whether or not this is due to the programming of activities and classes but if We make a significant change You may cancel Your agreement in accordance with the cancellation provisions set out in clause 5.

3.8 Where You have paid in advance and are due to attend a Lesson or Course which We cancel we will adjust your Membership accordingly with an equivalent amount of credit to be used by You to access a similar Lesson or Course at an alternative time, or day in the following next 8 weeks. If no similar Lesson or Course is available as an alternative, We will reduce Your next Monthly Payment Fee by the respective value of the cancelled Lesson or Course.

3.9 Lockers located at Our Facility are for the use of Members using the Facility only and can be used under the following conditions:

3.9.1 We reserve the right to gain access to any locker at any time if this is deemed necessary;

3.9.2 We will empty all lockers each night and store any items found as lost property;

3.9.3 Where lockers have been left locked, we reserve the right to open and inspect each night (except where the locker has been rented under the terms of the “locker membership” scheme);

3.9.4 You must not place any illegal goods or consumables, toxic, polluted or contaminated goods, flammable or hazardous goods, living plants or animals, food or perishable goods or waste in the lockers; and

3.9.5 Lockers are not to be used for valuable items. We accept no responsibility for the criminal Activity of others and all items left are done so at your own risk.

3.9 Your Health is your Responsibility. Exercise carries its own risk, and you should therefore never exercise beyond your ability. If you have any doubts as to your fitness, or you have any medical conditions that may affect your safety through exercise, you should seek advice from your doctor before partaking in the Activity.

3.10 Before We accept Your application for Membership You must make the following statement concerning Your health:

I wish to embark on a programme of physical Activity and confirm that I do not have any health conditions which may prevent or adversely affect my participation in the exercise programme and/or induction. If my health status changes, I will seek guidance and clearance to exercise from my General Practitioner or other relevant heath professional before participating any further in the physical Activity.

3.11 You are not permitted to enter the Facility or partake in activities when under the influence of alcohol or illegal drugs.

3.12 You are not permitted to bring any animals into any Facility with the exception of assistance dogs. If You know You require the use of a guide dog when applying for Membership or during Your Membership term, please inform Us at that time.

3.13 You are not permitted to smoke, vape or use e-cigarettes anywhere on the Facility or in the immediate vicinity.

3.14 No photography, filming or any type of recording of images or sound is permitted within the Village without You first obtaining permission. You must not take any images or recordings of any individuals unless You have their prior express permission, or there is implied permission (for example relating to Your own children or family members). The Manager of the Facility may permit You to take occasional photos or videos if requested at the time, but any formal or more extensive filming or photography must be approved beforehand in writing by a YMCA Manager. Managers at the Village have absolute discretion in deciding whether such recording activities are appropriate and/or permitted. You are not permitted to record or capture any images, video or audio recordings at any time in changing areas and toilets.

4. ACTIVITY BOOKING, PAYMENT & CANCELLATIONS

4.1 You are encouraged to make Your Activity Booking in advance to secure Your place, however, should You require assistance the team will be able to assist You at the Facility. You can make an Activity Booking online via the Membership Customer Portal or by using the App.

4.2 Depending on Your type of Membership, some activities will be included and be free of charge and some will not be included and will be chargeable. The schedule and availability for using Activity areas including, but not limited to, pitches, the multi-use games area (“MUGA”), athletics track may change from time to time at Our discretion.

4.3 All bookings must be made in the name of a specified Member. Bookings are not transferable to another Member or person.

4.4 You must always register Your attendance by scanning Your Membership card at the Facility reception entrance gates. A failure to do this will cause You to be marked as non-attended and automatically charged a No Show Charge.

4.5 You must comply with all Our Activity terms and conditions and Rules at all times. They are available to view at https://ymcanewarksherwood.org/membership-activity-terms. This includes completing inductions, where required, before participating in certain activities. Failure to complete an induction or adhere to the Activity terms and conditions may result in such activities being restricted from Your Membership.

Activity Booking Payment

4.6 All Activity Bookings for activities NOT included in Your Membership must be paid for at the time of booking and are non-refundable. This includes, but is not limited to, NICAS climbing sessions. If You arrive late for Your booked Activity, We have discretion to refuse You access depending on the Activity type and any relevant health and safety considerations. All Activity Bookings include an element of a set up time or set down time.

4.7 Monthly and Single Payment Members and Pay as You Go Customers can make Activity Bookings via the App or Membership Customer Portal in advance. The times for Activity Bookings becoming available are regularly reviewed and may be subject to change. Please note that the time-frame available to You to make Activity Bookings depends on Your Membership type. Some types of Membership will be able to make Activity Bookings earlier than other Membership types. You will find the time-frames to make Activity Bookings displayed at the Facility.

4.8 Booking Members can make Activity Bookings via the App and Membership Customer Portal 14 days in advance from midnight for all activities.

4.9 Block Bookings for Activity areas including, but not limited to, pitches, MUGA, athletics track must be paid for in advance by monthly DD. No Show and Late Cancellation Charge will apply where relevant.

Activity Booking Cancellations

4.10 We recommend that You cancel your booking via the App or Membership Customer Portal. Alternatively, You can cancel in person at the Facility.

4.11 If You have paid an Activity Fee and cancel via the App or Membership Customer Portal in advance of the cancellation window, You will automatically be issued with a credit note to Your account valid for a period of 12 months. Credit notes can be redeemed to their full or part value against future Activity Bookings and Fees.

4.12 There may be occasions where You are legitimately not able to provide the required notice to cancel Your Activity Booking – these instances might include a sudden emergency, pregnancy related illness or incident, those who live with hidden disabilities or health conditions and Members with a registered disability. Should this be the case, You can contact us in person at the Facility to request to have the Late Cancellation Charge waived and removed from Your account. Removal Of Late Cancellation Charges is at Our discretion.

Activity	Cancellation window
Athletics Track	Not less than 2 hours before the start time of the Activity
Climbing Centre	Not less than 2 hours before the start time of the Activity
Gym	Not less than 2 hours before the start time of the Activity
MUGA	Not less than 2 hours before the start time of the Activity

4.13 The Late Cancellation Charge and the No Show Charge are chargeable where the cancellation conditions set out in these Terms are not met with reference to the below cancellation windows for the particular Activity. Each of these charges is currently £2.00, but is subject to review from time to time. At Our discretion, we may issue You an Initial Warning.

4.14 Any Late Cancellation and No Show Charges will be noted on Your Membership record and Your ability to use Our Facility or make further bookings will be blocked until these charges are paid in full. Charges can be paid online via your account in the Membership Customer Portal or App.

Time Cancellation made by Member	Paid for Activity	Included Activity
Early Cancellation – cancellation made before the late cancellation window	Credit issued	No charge
Late Cancellation – cancellation made within the late cancellation window	No refund or credit due	Late Cancellation Charge
No Cancellation / No Show	No refund or credit due	No Show Charge

5. MAKING CHANGES TO YOUR MEMBERSHIP

5.1 You should ensure that Your Membership details are kept up to date. You can access Your own information via the Membership Customer Portal and App or You can ask at the Facility.

5.2 If You wish to change Your bank details, this must be in person at the Facility and no later than the Cut Off Date.

5.3 If You ask Our staff to update the details of Your Membership or a Membership for which You pay, including bank account details, You will be required to provide proof of Your identity before any changes can be effected.

5.4 You can apply to change Your Membership type at any time. Please contact Us in person at the Facility. The amount You pay will be varied accordingly and You will be required to pay all Fees associated with the new Membership.

5.5 Any requests for Membership refunds will be dealt with in accordance with these Terms and according to the type of Membership You have.

Monthly Memberships

5.6 You can request to cancel Your Monthly Membership by emailing memberships@ymcans.org or by sending a letter to the Facility at our registered address clearly marked “Membership Cancellation”. You will need to provide a minimum of one calendar months’ notice before Your next DD date to prevent further DD payment collection.

5.7 We understand that You may wish to consider cancelling if We make significant changes to the activities and Facility covered by the Membership, which includes any price increases affecting Your Membership. Where We are unable to give You one month’s prior indication of any price increase and You wish to cancel as a result of this change, You may do so by giving Us written notice of less than one month and Your responsibility to pay Fees will continue until the date immediately prior to the date on which the increase takes effect.

5.8 If You have any other queries or concerns regarding Your Membership please contact Us via the website or email or visit the Facility.

5.9 Cancellation of a package applies to all Members within the Family Group.

5.10 If You cancel a Monthly Membership, You will be required to first rejoin as a Supporter Member before You can rejoin as a Monthly Member.

Single Payment Membership 

5.11 If You do not renew Your Single Payment Membership before it expires, it will automatically terminate at the end of the Membership term.

5.12 You can cancel Your Single Payment Membership via the Membership Customer Portal or App by selecting the ‘My Account’ then ‘Memberships’ then ‘Manage Membership’ then ‘Cancel’ but You will not receive a refund for any Fees save for as set out below in clause 5.13.

5.13 You will only be entitled to a refund on a Single Payment Membership if Exceptional Circumstances apply to You and by contacting Us and setting out the Exceptional Circumstances. We will then consider Your request and if We are satisfied that Exceptional Circumstances apply to You We will process Your refund in accordance with clause 5.14. We may, acting reasonably, request evidence of Your Exceptional Circumstances.

5.14 If You do cancel a Single Payment Membership because Exceptional Circumstances apply, You will be charged the Pro Rata Fee rate for the proportion of the Membership year prior to Your cancellation and We will refund You the remaining balance within 30 days from the end of Your Membership.

Pay As You Go Customers

5.15 The Fees paid by Pay As You Go Customers for Activities are not refundable.

Block Bookings

5.16 You may cancel a Block Booking at any time during the term, but there will be no refund of any Fees paid outside of the Cooling Off period as stated in clause 2.3.

Freezing Your Membership

5.17 You may request that We freeze Your Monthly Membership if You are temporarily unable to continue participating. We may require reasonable evidence to support Your request. If We agree to Your request, We will activate the freeze from the date We receive that evidence. A freeze request for Monthly Membership must be submitted at least 14 days before the next DD collection date.

5.18 You may request that We freeze Your Single Payment Membership if You are temporarily unable to continue participating. We may require reasonable evidence to support Your request. If We agree to Your request, We will activate the freeze from the date We receive that evidence.

5.19 You can request to freeze your membership by emailing memberships@ymcans.org, via the Membership Customer Portal or App by selecting the ‘My Account’ then ‘Memberships’ then ‘Manage Membership’ then ‘Freeze Membership’ and finally selecting the reason, start date and time period. The minimum freeze period permitted is one month and the maximum freeze period is 3 months.

5.20 Following the expiry of the Freeze Membership period You have requested the Membership will automatically be reinstated and collection of Fees will recommence.

5.21 You can notify Us via email (memberships@ymcans.org) if You wish Us to unfreeze Your Membership early.

5.22 Freeze periods of longer than 3 months can be requested by emailing memberships@ymcans.org and will be authorised at Our discretion.

5.23 In the case of any Membership freeze of Single Payment Membership, the period will not form part of the term of the Membership. For example, if the remainder of the term of a Single Payment Membership is 4 months at the point of the freeze, when the Single Payment Membership is reactivated, the remainder of the Single Payment Membership will still be 4 months.

5.24 A freeze of a Family package applies to all members within the Family Group.

5.25 Supporter Memberships are not eligible for freezes.

6. RESPONSIBILITIES

Our Responsibility to You

6.1 We want You to enjoy peace of mind with Your Membership and Your wellbeing is of key importance. We will compensate You for any foreseeable loss or damage You may suffer if We fail to reasonably carry out Our obligations under these Terms, or if We breach any duties imposed upon Us by law (including if We or Our employees, sub-contractors or agents cause death or personal injury to You by Our negligence) unless that failure is attributable to:

6.1.1 Your own fault;

6.1.2 a third party unconnected with Our provision of the Facility; or

6.1.3 events which We could not have foreseen or prevented even if We had taken all reasonable care.

6.2 We shall not be liable for any damage to, loss, or theft of personal property belonging to You, (or any of Your guests) at Our Facility including from lockers, except to the extent that any such loss, damage or theft of personal property is as a result of Our negligent action or omission, in which case Our liability to compensate You shall be limited to a reasonable amount in Our absolute opinion.

Your Responsibility to Us

6.3 By using any Facility, You are deemed to be fit and able to participate in the Activity or activities offered. Please refer to clause 3.9 and 3.10 for full details.

6.4 Where You are taking part in any physical Activity You are responsible for monitoring Your own physical condition throughout Your use of Our Facility. In the event of any unusual symptoms occurring, You should inform a member of staff immediately.

6.5 You must use the equipment and Facility in the correct manner according to instructions and/or induction training; You must not use the same in any manner which constitutes a health and safety risk either to Yourself or to others. We are not responsible for any injury or loss You suffer as a consequence of misuse of any equipment, or of any health condition that You may have (except where Our negligence causes personal injury).

7. CAR PARKING

7.1. Car parking is available to You. You may use such spaces only when using the Facility and if there are available car parking spaces.

7.2. We accept no liability for any loss or damage which may result from Your use of the car parking at the Facility. All such use is at Your own risk.

7.3. Neither Membership nor planned/booked use of the Facility guarantees the availability of a car parking space. Car parking spaces are available on a first come first served basis.

7.4. The car park terms and conditions as displayed at the Facility shall apply accordingly and are separate to these Terms. You are expected to comply with the applicable car park terms and conditions.

8. GENERAL

8.1 These Terms may be reviewed and/or altered at any time. We will use reasonable endeavours to inform Members of material or significant changes to the Terms as far in advance as possible with notice of any significant change such as the temporary closure of a Facility or change to Fees. Notices will be displayed in the Facility and, where You have provided an email address, this will be used as the primary method of contact for such notice. You will be deemed to have agreed to these Terms and/or any updated Terms on Your continued payment for Membership and/or access to the Facility.

8.2 We reserve the right to reject any application for Membership at Our absolute discretion or withdraw any Membership if You fail to comply with these Terms and/or Our Facility conditions which will be available at the Facility. Refunds will not be given where the Member is in breach of these Terms.

8.3 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.

8.4 If any court or competent authority finds that any provision contained in these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.

8.5 No failure by Us to enforce any provision in these Terms shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

8.6 A person who is not a party to these Terms shall not have any rights under or in connection with them.

8.7 We will abide by our obligations under Data Protection Legislation in relation to Your Personal Data, please see our website for Privacy policy at: https://ymcanewarksherwood.org/policies-procedures/privacy-policy

8.8 If a Member has a complaint or there is a dispute, in the first instance You must use the complaints process as described on Our website and available at the Facility’s reception.

9. YOUTH PROGRAMME SPECIFICS

In this clause, references to “You” are to the parent or guardian of the Youth Member.

9.1 The Youth Membership activity programme will be delivered over a 38-week period. No activities will take place during school holiday periods and bank holidays.

9.2 You will pay Youth Membership payments by  DD monthly from September to July. No payment will be taken from You by DD in August in lieu of the extended school break.

9.3 Upon arrival at the Village, all Youth Members must sign in with the Programme Coordinator at the main reception.

9.4 All Youth Members will be allowed to arrive and/or leave the Village unescorted. We will not be responsible for any Youth Member once they have left the Village under these Terms.

9.5 You must include all information about any SEND, medical needs, diet, and supervision requirements applicable to Your child at the time of registration  for the Youth Membership. Every application for Youth Membership is considered individually, and every effort will be made to include a child within the limits of the resources of the programme. A failure to inform Us of Your child’s needs at the time of registration could result in Us being unable to offer Your child a place on the Youth Membership.

9.6 All activities will have a specific maximum number of participants per session. Youth Membership does not guarantee a place on a particular Activity on any date. Youth Members will choose their Activity upon arrival at the Village and spaces will be booked on a first come, first served basis.

9.7 You can request to cancel the Youth Membership by emailing memberships@ymcans.org or by sending a letter to the Facility at our registered address clearly marked “Membership Cancellation”. You will need to provide a minimum of one calendar months’ notice before Your next DD date to prevent further DD payment collection.

9.8 We may end our agreement with You if You have failed to pay Your Fees or if You or the Youth Member has breached these Terms or breached the code of conduct listed in the parent handbook.  Activity specific terms and conditions can be found at https://ymcanewarksherwood.org/membership-activity-terms.

9.9 If You have any concerns regarding the Youth Membership settings or wish to make a complaint, You should discuss these with the Membership Coordinator in the first instance. If these concerns or complaints have not been resolved after discussion with the Membership Coordinator, You should contact the Assistant Operations Manager – Youth.

9.10 All personal toys and electronics such as yo-yo’s, fidget spinners, money, jewellery and pets that belong to Youth Members should not be brought into the Facility unless We specifically ask for an item to be brought in for an Activity.

9.11 You should mark all personal items, including clothes and water bottles, with the Youth Member’s  name to reduce any risk of losing items and cross-contamination. We are not responsible for lost, misplaced or stolen items. We will take all reasonable steps to ensure Youth Members leave with the personal items they arrived with.

9.12 We have a duty to protect all Youth Members in our care and staff follow Our safeguarding children policy and procedure (a copy is available on request at the Facility). We follow Our safeguarding children policy and procedures which include reporting safeguarding incidents where We consider that a Youth Member may have been neglected or abused to the relevant authorities. If We believe Your child is at risk of significant harm however We may discuss this with You beforehand.

10. SCHOLARSHIP PROGRAMME

We believe a young person’s chance at building a fantastic future should not depend on their family’s wealth, social standing, gender or race – but rather on their passion and drive to grow in a safe, positive learning environment.

10.1 Scholarship places are for Youth Members who meet the eligibility criteria and to support families who might not be able to cover the whole cost of purchasing a place for a Youth Membership.

10.2 This scheme is designed to ensure every child can experience our Youth Membership and will help towards funding Your child’s place. Scholarship applications are welcomed all year round and are means-tested; We will ask on Your application how much You can contribute Yourself and may ask You to provide evidence of any benefits You receive.

10.3 We will review applications on a case-by-case basis and the success of scholarship applications may depend on the level of funding available. Submission of a scholarship application does not guarantee scholarship funding will be approved.

10.4 Youth Members who access the Village using the scholarship programme are still subject to the Our code of conduct and these Terms.

10.5 Scholarships are subject to trust funding available to Us and may not always be available throughout the year.

10.6 Accepted scholarship applications for Youth Membership must be utilised monthly by the Youth Member attending at least one session per week for the 6 month scholarship period. Should the Youth Member not attend one session within a period of one full month, their scholarship place on the Youth Membership will be terminated.

10.6 You may request that We freeze the scholarship place on the Youth Membership should illness or injury occur to the Youth Member which may last 1 month or longer. The maximum duration of Membership freeze is 3 months and We may require reasonable evidence to support Your request. A decision to freeze the scholarship place is made at Our discretion. If the scholarship place on the Youth Membership is frozen, when restarted this will restart the remaining period of the Youth Member’s  6-month scholarship place.

10.7 Parent or guardians and Youth Members who access the Youth Membership through the scholarship programme will be sent and should complete a feedback questionnaire/case study proforma after the scholarship funded programme ends.

10.8 Scholarships cannot be accessed for Pay As You Go customers or to cover the Supporter Membership Fees. Scholarships are only available for monthly memberships.

10.9 If new customers, parents or guardians of the Youth Member are to pay the initial £15 Supporter Membership Fees to access the scholarship programme.

10.10 For more information or to apply for a scholarship, please follow the link to our website ymcanewarksherwood.org/scholarships